Law


SC/ST ACT RULING: A Balancing Act Law

The judgment of the Supreme Court in Dr. Subhash Kashinath Mahajan v. The State of Maharashtra [Criminal Appeal No. 416 of 2018, decided on March 20, 2018] came under sharp criticism from several quarters and was also vigorously and, on some occasions, even violently protested against by the organizations and unorganized groups of people purporting to be the representatives of the class of people under...

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MUMBAI, INDIA - JUNE 16: LGBT members take out a march "Vigil for Love" as they protest against the attack on Orlando Gay nightclub and demand support and solidarity for victims of attack at Azad Maidan on June 16, 2016 in Mumbai, India. (Photo by Anshuman Poyrekar/Hindustan Times via Getty Images) Law

The bedroom goings-on must be no concern of the State unless there is a violation of the law involved, which is precisely the point one would do well to bear in mind when it comes to the issue of the constitutionality of Section 377 of the Indian Penal Code in the light of the observations made by a nine-judge bench of the Supreme Court of...

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Right to Privacy: Fundamental Right, Why Not? Law

State is a monster sentinel that serves only a vigilant master. When the master gets complacent, the monster takes over, and a tyrant is born and tyranny let loose. That’s the short and scary operating manual for democracy. The indubitable truth of the treacherous nature of all political systems no matter how well structured and how firmly founded is missed or doubted only by the...

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Taareekh Pe taareekh – Judicial Delays : A Lot More Needed, A Lot Sooner Law

For long before and ever since Sunny Deol thundered away the iconic ‘taareekh pe taareekh’ in Damini (1993), judicial delay has been a bone permanently stuck in the throat of Indian legal system apart from being a ready stick for anybody and everybody to beat it with by parading judicial delays as evidence of how completely ineffective and inefficient law enforcement in India is. The...

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Gujarat 2002: Defending the Indefensible? Law / Politics

Tavleen Singh’s widely shared opinion piece in the Indian Express titled Fifth column: Political pundits. Really? carried the byline that prominently quoted from the article declaring that: “In Gujarat in 2002, both Hindus and Muslims died, but we called it a pogrom and the demonisation of Narendra Modi began.” She started by pointing out that the ‘political pundits’ — whatever that means, but she counts herself among them — have...

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Aadhaar Act: Fraud on the Constitution? Law

The Aadhaar (Targeted Delivery Of Financial And Other Subsidies, Benefits And Services) Act, 2016, or the ‘Aadhaar Act’ for short, started out as a government scheme after the Unique Identification Authority of India (UIDAI) was established on January 28, 2009 by a notification issued by the Planning Commission, and Nandan Nilekani, the co-founder of Infosys, was appointed the head of the project on June 23,...

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THE NATIONAL ANTHEM ORDER: Bad in Law, Bad in Fact Law

First off, in stressing the need for the promotion of ‘constitutional patriotism’, the Supreme Court seems to have presupposed the existence of other kinds of patriotisms and to have also underscored the preferability of ‘constitutional patriotism’ to the other kinds, even if the apex court did not go as far as to deride or denounce the way ‘nationalism’ and ‘patriotism’ is being used as a...

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Jallikattu Protests: Right to Animal Cruelty Now? Law

In India, our hearts never stop bleeding for the cows, but their husbands — the bulls — are an altogether different matter. Compared to their human counterparts, the bulls might not have quite as many husbandly complaints of spousal maltreatment, but in the times of Jallikattu they can almost definitely plead gender discrimination. When the issue of animal abuse and needlessly endangering human life quickly...

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Salman’s Continual Tryst with the Law Law / People

The sporty, ever-exercising lover boy of Maine Pyar Kiya (1989) who could pull a punch or two if the need be turned into a Baaghi (1990) for love almost immediately after. It was smooth sailing for many years thereafter. But by the time he was family-loving boy swearing Hum Saath Saath Hain (1999) some nine years later, he was also hunting Chinkaras, an endangered species...

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